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Coombs said the accumulation of testimony and reports showed that the jailers and commanders were intent on keeping Manning on restrictive status regardless of what facts emerged.

“These individuals were risk averse to the point of being absurd,” the defense lawyer said.

During his argument, Fein also took issue with Coombs’s “straitjacket” remark.

“The facts before you are completely contrary to that,” Fein insisted. He noted that the brig had “segregation” cells with solid steel doors that shut and had a small slot window, but Manning was never kept there.

“They did not take the most restrictive approach,” the prosecutor said. “Every individual testified that the purpose of [Manning’s] status in custody was to protect Pfc. Manning from harming himself and ensuring he ultimately got to trial. … There’s no evidence they took it to the extreme.”

However, Coombs said that as a legal matter, the good intent of the jailers and commanders would not excuse them from complying with Manning’s right under the Uniform Code of Military Justice not to be held in pretrial conditions more onerous than necessary to protect him and others and to achieve his presence at legal proceedings.

Lind seemed particularly concerned about the limits placed on Manning’s time for exercise. Brig guards and Manning himself testified that for 4½ months, he was given only 20 minutes of “sunshine call” per day. He said he could not readily exercise since restraints on his arms, legs and waist were not removed.

Lind said the treatment seemed to be at odds with a Navy regulation requiring a minimum of one hour of recreation time per day.

“That is the general requirement,” Fein acknowledged, before saying that it could vary in particular cases.

“It says one hour. It doesn’t say 20 minutes,” the judge replied.

Fein said the rules did not require any particular amount of recreation time for prisoners in “maximum” custody. He also said time set aside for letter writing or watching TV could constitute recreation.

Fein did concede some problems at the brig, particularly in communication between one of the Navy psychiatrists and the brig commander. That led to a limited dialogue about the disagreement on whether Manning needed special monitoring, the prosecutor said.

“There was definitely a communication breakdown, but that information was still being relayed,” Fein said. “For whatever reason, there was a disconnect.”

Readers' Comments (4)

I love Manning he or she depending on which day it is, this coward liberal committed treason and leaked classified information to Wikileaks who also hates this country. No wonder you liberals love her.